Getting into an accident on the road is nearly always a traumatic experience, whether you are driving a car or riding a motorcycle. For the most part, the process of filing legal and insurance claims are relatively similar, regardless of your preferred vehicle type. However, there are additional considerations in motorcycle accident cases that can impact any settlement you might be eligible to receive. Here is what you need to know.
At the Scene of the Accident
When a motorcycle accident first occurs, you’ll follow a similar process as you would in the case of an auto accident. After checking for injuries and alerting appropriate authorities, you and the other driver will need to document the scene and exchange the appropriate information. This includes driver’s licenses, registrations, insurance coverage, and contact details. If the police come to inspect the scene and make a report, you’ll need to stay on-site until officials give you approval to leave.
One caveat, though, is that motorcycle accidents often result in much more severe injuries than accidents involving two automobiles. Because the rider has minimal protection, he or she may sustain serious injuries that will require immediate medical attention. This can often result in much higher bodily injury liability claims to cover medical expenses. If you are the one injured, you may also not be able to collect important information from the scene of the accident, which can make it more challenging to present your claim accurately.
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Determining Fault in Motorcycle accidents and Collisions
Determining who is at-fault in a motorcycle accident can be challenging. In a typical auto accident, it is often easy to determine fault, as one driver may have failed to stop in time to avoid a collision or run a red light. With motorcycle accidents, on the other hand, it is not always so simple. In many cases, the driver of the other vehicle will claim that he or she did not see the rider. While this may be true in some cases, it could also be a ploy by the other driver to avoid blame.
Wearing a helmet camera or affixing a camera to your bike can help to document what happens during the scene of an accident. This way, you’ll have an indisputable record, even if you are unable to take observations at the scene due to injury. You may find that the other driver was behaving erratically or did not check their blind spot before changing lanes, which can support your case.
Of course, it is not always the vehicle driver’s fault in a motorcycle accident; motorcyclists can be at fault as well. For example, a rider may suddenly cut in front of your vehicle, then immediately hit the brakes, leaving you with no time to respond without hitting them. It is important to make note of what happened as soon as possible after the accident to ensure your memory is accurate.
Be Prepared to Face Bias
Unfortunately, many police officers, insurance companies, and judges hold misconceptions against motorcycle riders. Unfortunately, this can negatively impact your case. Whether they believe riders to be reckless or associate them with reckless driving conduct, you may be fighting an uphill battle to get your claim approved. Having an attorney on your side can help ensure your case is reviewed accurately so that you can get the compensation you deserve.
Call Andrew Pickett for Motorcycle and Auto Accident Cases
If you have been injured in an auto or motorcycle accident in Florida, Andrew Pickett Law is here to help. Our personal injury law firm can evaluate your case and determine whether you have a strong claim. We can then advocate for you in settlement negotiations with the insurance company or take your case to trial as needed. While we do our best to avoid lengthy court battles if possible, we are fully prepared to escalate your case if the settlement offered is insufficient.